Banerjee, J. - (1.) This is an application on behalf of the defendant for setting aside a decree which I made in this suit on 9th July last. The circumstances under which the decree was made are set out in the judgment I delivered on that day. The facts which are not in dispute may be shortly stated as follows: The defendant had engaged 2 Counsel, Mr. R. Chaudhuri and Gouri Mitter, for the conduct of his defence. In the morning there was some talk between Counsel for the parties for an adjournment of the suit. The plaintiff's Counsel had asked the defendant's Counsel to consent to an adjournment on the ground that plaintiff's attorney was lying ill. The defendant's Counsel said that personally he had no objection but that his attorney should have to be approached in the matter. It seems therefore that there was some sort of arrangement in the morning that an adjournment of the suit should be asked for.
(2.) Immediately before this suit there was a pretty big suit on my list, Nandlall Kasera v. Joydoyal Kasera , which was likely to go on for two or three days. The question for determination in that suit was whether there was legal necessity to support a mortgage of an immoveable property. The case was opened by Mr. A. N. Roy, Counsel. The Senior Counsel was the Advocate-General. I put to Mr. Roy as to what the necessity was and how it had been pleaded in the plaint. The Advocate-General said that on that point they were not ready and submitted that they would be obliged if the suit was adjourned for a few days.
(3.) When Counsel for any party says to me that he is not ready and asks for an adjournment, on that ground I generally grant an adjournment. The reason is this. We have on the Original Side now a days five or six Courts sitting and there are a very few Counsel who can really conduct difficult contested suits. Sometimes owing to pressure of work it so happens that Counsel cannot get ready for all the suits they have in different Courts on the day's list. Therefore when Counsel in any case asks for an adjournment on the ground that he could not get ready, I generally grant adjournment. In this suit the point was rather difficult, namely, whether there was legal necessity or not and the facts were rather complicated as I could see from the opening of Mr. Roy. I therefore adjourned that suit.;